CBS CBS 5 Eyewitness News at 11 News News/Business. Bastida and King. New. (CC)
August 12, 2010 11:00 - 11:35pm PDT
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. the good news is the stay is lifted. the bad news is the judge has said it is lifted next wednesday. >> first, the ruling, now the next critical moves in the legal chess game that will decide same-sex marriage in california. she has had 28 years to serve the people of california and it isn't working so well. >> she was fired as the head of hp. and the poll numbers that have one of these two senate candidates feeling the heat tonight. and for generations it is just the way it has been done. now doctors try to disprove a popular myth about miscarriage. cbs news starts now. good evening, i'm dana king. >> and i'm ken bastida. the next six days will be important in the legal battle over the same-sex marriages in
california. judge walker overturned prop 8 this week and today he ruled they could be performed starting next wednesday unless a higher court changes it. dozens gathered today hoping it would be their wedding day. >> the good news is, the stay is lifted. the bad news is the judge says it is lifted next wednesday. so we have to wait a week. sorry everybody. >> city hall workers have been prepared to stay late to work with everybody who wanted to get married today. news of the delay was terrible for many. >> it is just this dream that it is a little bit out of reach. and for a moment i felt equal, like a real america. open it is it is a roadblock. >> supporters of prop 8 expressed their own frustration
regarding the ruling saying the ban is unconstitutional. >> millions voted on the constitutional amendment to vote for prop 8. >> because the judge is gay so he couldn't really do any other ruling. and the moment prop 8 passed that is what he planned to do anyway. >> later today, the sponsors of prop 8 filed a motion with the court of appeals in san francisco. they wanted to keep a stay in place during appeal of the case. >> and tonight some legal experts are saying that the prop 8 case may not even make it past the ninth circuit to the appeals court all because of a legal landmark. robert lyles has more. >> well, with the ruling today the legal experts are weighing in tonight with an analysis that prop 8 is on legal life support. why? a term called standing, which is a little term that carries
huge consequences that just may doom prop 8 backers. >> it just doesn't seem likely they will bail them out on this thing. >> the first thing these students are taught in this class is the concept of standing. >> and standing means that the party bringing the claim has suffered a very specific concrete particular injury that is unique to them. >> professor stresses only parties to a lawsuit can appeal a judge's ruling. so who are the parties? the plaintiffs are two gay couples, the defendants? governor schwarzenegger and attorney brown who never have been sponsors of the suit. but those seeking to appeal it to the ninth circuit court of appeals. >> and judge walker says there is nothing in the evidence that the prop 8 backers presented to the court -- in the nearly three-week trial nor was there
anything in the motion that they filed for the stay last week that would in any way indicate what evidence that they have -- that they have suffered to required injury in order to give the appeals court jurisdiction here. >> since the standing cannot be weighed, legal analysts agree they would have to get either the attorney general or the governor to appeal. >> but they say they wouldn't. >> so while there is discussion by supreme court, she believes it is just that, fodder. >> what i suggest is that based on supreme court rulings and other decisions it seems standing could be a major problem here and possibly be what causes the lawsuit to terminate. >> others concede it could doom their efforts to reverse just
walker. legal experts say unless the standing is overturned same-sex marriages will resume. once a marriage happens if it is legal on the day it happens, where it happens, then the proper rulings of marriage will vest. >> keep in mind this appeal will be decided by a randomly chosen panel of three judges, now even though the panel is known to be liberal there are conservative judges on the panel. that and prop 8 can keep this alive for sometime. but right now it seems as if the ninth circuit doesn't believe there is standing as she said in the story, this terminate and same-sex marriages continue. >> all right, we'll wait for it. now judge walker's decision comes the same day as this poll. a cnn survey finds 52% of the americans think that gay and
lesbian couples should be a constitutional right to marry, recognized by law. it is thought to be the first time a major poll has found a majority, though a very slim one in support of gay marriage. to put it in perspective, in the late '90s support for same- sex marriages polled at less than 20%. now for more on the prop 8 ruling, you can go to cbs5.com. and good news for state employees they can head to work tomorrow. the governor had ordered state workers to take three fridays a month off without pay until there was a state budget. a court judge issued a stay earlier this week, today, a california appeals court denied the governor's request to lift the stay. the governor's office says they will take the case to the state supreme court. and we have exclusive news
pollings showing that republicans are gaining in many areas. it is particular evidence in other races. >> reporter: the governor put her signature on the health poll, but while the signature went up, the poll numbers are dropping. >> let's face fact. these are tough races all over the country. >> reporter: after running neck and neck over the summer, republican carly fiorina has opened up a five percent lead. but while her numbers are flat from the same survey a month ago, boxer's numbers dropped three points with her support slipping among men, younger voters and independents. but boxer denied her campaign is fading. >> we have a lot of energy in our campaign, we're very excited. and people will know what the choice is. >> but do you feel you have to go more on the attack?
>> i just have to tell the truth and it probably feels to her like it is an attack. >> reporter: at the same time, carly fiorina responded in los angeles. >> certainly we're encouraged by that poll and others. and i think that what that polls demonstrate is that people are really paying attention and they have figured out that barbara boxer's policies are not working. she has had 28 years to serve the people of california and it isn't working so well. >> reporter: boxer says things didn't go so well for carly fiorina at her last job either. >> she was fired at hp, she shifted 30,000 jobs overseas, people don't know this yet. >> reporter: and boxer says she is taking a hit is because voters are angry about the continuing slow economy and they are blaming incumbents. >> meanwhile, the race for a governor is in a dead heat.
44% of people of california support whitman, 43% jerry brown and 6% are undecided. and maldonado in a tight race for his job, 42% say they support him and 43% will vote for newsom, and 7% are undecided. and in the wake of a miscarriage there is often grief. and until now there is often this. >> i heard they feel it is better for you to wait. >> well not necessarily of . not anymore, what is behind the shift in thinking when it comes to pregnancy. well, they're little fees, what could happen to help you when you pull out that debit card. and tonight's good question, can this fish actually walk on land? >> all right, so we're going to get through a foggy friday and head to a warmer weekend. the day this weekend that will
be the warmest as eyewitness news continues right here on cbs 5 ,,,,,,,,,,,,,,,,,,,,
th . after a miscarriage how long should a couple wait to try again? now that question has been debated by doctors for years.
the current recommendation is six months. the doctor explains why that thinking may now be outdated. >> reporter: ms. march can watch the baby for hours in her stomach. his conception took years. the couple got help, she game pregnant and miscarried. >> when you lost it -- it was really hard. >> reporter: but just two months after the miscarriage, they tried for help but were not successful. >> i had heard that they feel like it is better for you to wait. and here is another one. >> reporter: at 38, marks didn't think she had time to wait. however, the world health organization recommends you wait six months to become pregnant after a miscarriage, to reduce the risks of another one. doctors say that advice is not warranted. now a study of 30,000 pregnant
women in scottish hospitals says there is no need to delay. according to the study, conceiving within the first six months was associated with a deincreased risk of miscarriage and other problems. >> i have always told my patients whenever you're ready. >> reporter: in mark's case, it was when she took a two-month break from treatments that she became pregnant. >> i couldn't believe it. >> reporter: she does now. cbs 5, health watch. uc berkeley is backing off plans to provide some dna information to incoming students as an education experiment. so far, 600 students have supplied samples as part of the bring your genes sample. it was to help how the body dealt with milk, alcohol and folic acids. but the state department found
it violated state testing laws. the tests now will remain anonymous. and tomorrow the bay area based group will protest outside of google headquarters. at issue, the patent issue. they are bringing it to google's door step with the cyber drauma. >> reporter: google is just not the kind of company that normally attracts protesters. but that could change on friday. james rucker is the director of color of change, an activist group regarding the net. net neutrality is the idea that all data should travel across the internet at the same speed. the fcc still doesn't have a policy on it, so earlier this month, google and verizon got together and came up with this. a joint legislative frame work
proposal on what they think the rules on net neutrality should be. >> what google and verizon is trying to do is write rules that benefit them, not the american public. >> reporter: the fear is that some day we'll go on the internet and companies will determine where you can go. certain sites may not be available and others get certain status, that interferes with freedom. >> reporter: the ceo says that the google verizon proposal is vague and cause for concern. >> they claim they're going for an open internet but it is not completely open. there are problems. >> reporter: google declined an interview, and instead said go to their website. others say it is a step back wards, two corporations legislating the future of the internet? >> we can't trust them to do the right thing. i think the history of
financial meltdowns show they can't always be trusted to do the right thing. >> reporter: the out come will be in the flesh at the google campus by friday downtown. it will take place here in mountain view at noon on friday and they expect at least 100 people. in mountain view, cbs 5. and california another step closer to banning fees on debit card purchases. the state assembly today passed a measure today that would stop merchants from charging you an extra fee to use your debit cards. they are usually found at gas stations and convenience stores, merchants say it off sets cards they pay to banks to process the transactions. the measure now goes to governor schwarzenegger. well it is thursday, i'm a whole day late asking about the weather, what will it be? >> dana just for you we'll warm
it up, but tonight there are low clouds and patchy fog, but if you plan to see the perseid meteor shower, you need to go inland for a higher location. but that perseid meteor shower will be blacked out by the blanket of clouds unless you get higher. about 70 meteors are possible tonight. and a repeat performance on friday, saturday, just lesser ones. this is the marine layer, at 6:19 in the morning when the sun comes up nobody will be able to see it. due to the marine layer it will retreat back to the bay by about the lunch hour very early in comparison to yesterday. and pretty much spot on in comparison to today. partial clearing at the coast, but meanwhile with the blanket of clouds, tonight's numbers in the 50s. here is what you can bank on tomorrow morning for the morning drive, temperatures in the 50s pretty much from the sea shore all the way to the
inland areas with winds picking up all the way through the afternoon. 80 degrees in san jose which is just three degrees off the typical mark. and by the way we have not had seasonal high temperatures here in the bay area since the 4th of july. 86 degrees in san ramon, 75 in santa rosa, down from the average high of 73 degrees, the extended forecast on saturday the same. sunday looking like low 90s and then we're talking about temperatures pretty much warm in the inland areas, summery. so you may want to head to yosemite. >> thanks. >> it is pretty, but -- >> okay. it is wonderful. >> thank you roberta. >> and fish, coming up next ,,,,,,,,,,
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question. >> reporter: they're creepy, crawly, slimy, and oh did i mention they bite too? >> they really are aggressive, they will do the ambushing. >> reporter: jim evans, a scientist says that the snake head fish, a native of southeast asia and africa has been the focus of intense urban legend right here, first that it can live out of water. >> first of all it is a fish so it can't live out of water. so it would die. but in places where there are monsoons, a lot of rain maybe even a lot of moisture in the air they can live out of the water from three to four days. >> reporter: there have been video of the snake heads going through the mud, prompting another misconception. that they can walk. >> there would be more of digging in and doing the flop, you know? with a tail, kind of helping their movement, right?
>> reporter: evan says that snake heads have been known to grow more than four feet long, weighing more than 60 pounds. the real fear he says is that they will take hold here in the u.s. >> that is certainly an animal that with teeth if you were to pick it up or -- you know would certainly put damage on you. >> reporter: i need your good questions. send them to me at cbs5.com. and the raiders kicking off their preseason on dallas, and ex-quarterback russell making a surprising statement next ,,,,
failed a test after he was selected with the #1 ove . raiders quarterback -- former raiders quarterback jamarcus russell told espn that he failed a drug test after he was selected with the number one overall pick in 2007. >> that is why i failed the drug test -- >> the first drug you failed was the syrup? >> yes, ma'am, like i said the thing was i missed the whole training camp, so i didn't get tested when the rest of the guys got tested. and i had a prescription from the doctor but it wasn't the team doctor so that is how that came about. >> so that was a prescription? have you ever used that syrup
without a prescription? >> i have. >> russell was cut of course, raced by jason campbell who debut against dallas, campbell, seven of 13 for 49 yards and didn't come close to the end zone in four drives, but 4th quarter, with buehler, down, up " owe and then with 3:50 to go in the game, buehler to kyle, that set up the field goal and it will be money in the bank and the raiders take the lead. but they were not done there, matt in this nickels, going to the house, the raiders win, 17- 8 is the final. >> something like 17 of 12, missing a couple of deep throws
by him, they were just inches a way. we had a chance to get those. >> i am just trying to get situated, where i'm supposed to be back. once you get those little problems out of the way it is just about football game. and strange day at at&t, where romo tried to steal face time. giants, cubs, pablo's first homerun, bottom five, it is fair, it is a grand slam. smacks the pole, second homer of the guy, giants cruise, bottom of the ninth game tied at seven, torres off the bench, you call that a long base hit sends everybody home. they escape 8-7 today. >> there is a win, safe and
secure. >> turns out mother nature beat whistling straights today, not the golfers, a delay of three hours for the pga championship -- >> already on a wednesday. >> for the first time in seven rounds, tiger under-par, shot a 71, he is three strokes behind. stricter 1-under par. mcelroy -- >> i was just checking out tom cable, a little curly howard -- >> it is his gig, running the team, not an interim coach and he has a new quarterback. >> he looks a little curly to me. check it out. watch him. >> ladies and gentlemen, the three stooges,. >> check it out ,,,,,,
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